Making
Corporations
Sweat
by Russell Mokhiber and Robert Weissman
-Guest Comunists-
If you commit a felony, you lose the right to vote.
What happens to corporations that break the law? They don�t have
the right to vote. But do they lose any rights or privileges?
In what may be one of its most important corporate accountability
initiatives (there haven�t been many), the Clinton administration is
suggesting that chronic violators of labor, environmental, tax,
antitrust or employment laws should be denied the privilege of
entering contracts with the federal government.
Vice President Gore first floated the idea in a 1997 speech to the
AFL-CIO. A business outcry persuaded the administration to put the
proposal on hold, but two years later it decided to move forward.
In July, the administration proposed regulations that would clarify
federal procurement officers� duty to ensure that government
contractors have a "satisfactory record of integrity and business
ethics." Under the regulations, corporations that repeatedly or
seriously transgress worker rights, health, safety, environmental, tax
or antitrust laws would be deemed ineligible for federal government
contracts.
Big
business is up in arms about the proposal�a sign that it may be of
consequence. The U.S. Chamber of Commerce, along with an alphabet-soup
full of business trade associations, has organized the National
Alliance Against Blacklisting to block the proposal.
The Alliance is planning a full-blown campaign against the
regulations. It is revving up arguments about how the regulations
would bestow on procurement officers the power to act arbitrarily, how
corporations could be unfairly penalized for failing to comply with
confusing and technical federal rules, and how the regulations
improperly side the federal government with labor in labor-management
disputes.
The business groups are right about one thing: The Clinton
administration has hit upon a potentially powerful tool to discipline
large corporations. The federal government spends approximately $200
billion a year on procurement, buying goods and services from firms
that employ approximately 20 percent of the U.S. workforce.
Government contracts make up a significant revenue stream for many
firms, including many of the largest companies in the country. In
refusing to contract with polluting, consumer-cheating, racially or
sexually discriminating, tax-avoiding, clearcutting, price-fixing and
other miscreant companies, the government can leverage its buying
power to promote more responsible corporate behavior.
Consider the issues of worker rights and worker safety. A 1995
study by the General Accounting Office (GAO), the congressional
research agency, found that 80 federal contractors, receiving more
than $23 billion in federal government business in fiscal year 1993,
had violated the National Labor Relations Act. Six contractors�McDonnell
Douglas, Westinghouse, Raytheon, United Technologies, AT&T and
Fluor�received almost 90 percent of the $23 billion.
A 1996 GAO study found that 261 federal contractors, receiving more
than $38 billion in federal government business in fiscal year 1994,
received penalties of at least $15,000 for violating Occupational
Safety and Health Act regulations. The biggest of these contractors
included General Electric, Lockheed Martin, Westinghouse, United
Technologies, General Motors, Boeing and Textron.
The
current U.S. labor law regime imposes virtually no meaningful
penalties on businesses that violate worker rights. The standard
sanction imposed against a company that fires a worker for supporting
a union is an order to reinstate the worker with back pay�there are
no punitive damages available. Serious violators of workplace health
and safety regulations typically walk away with small fines.
By contrast, the threat of losing major government contracts is a
much more serious and costly penalty. The proposed procurement
regulations would make federal contractors much more wary of
recklessly disregarding worker rights and worker safety.
Given the generally weak penalties for corporate law-breaking in
the United States, the same holds in other spheres. Too frequently,
corporations are able to brush off fines and sanctions for
law-breaking.
When corporations calculate, overtly or implicitly, whether they
should respect the law, they consider the odds of getting caught and
the size of the likely penalty if they are caught. Other factors go
into such decisions, of course�potential civil liability, the social
pressure to comply with the law or simple respect for the law�but no
one seriously doubts that enforcement vigor and the size of sanctions
affect corporate adherence to the law.
If the regulation, really a very modest step, is enacted, the
answer to the question, "Do corporate law breakers lose any
privileges or rights?" will finally be, "Yes."
(Russell Mokhiber, editor of the Washington, D.C.-based
Corporate Crime Reporter, and Robert Weissman editor of the
Washington, D.C.-based Multinational Monitor are co-authors of
"Corporate Predators: The Hunt for MegaProfits and the Attack on
Democracy." (Monroe, Maine: Common Courage Press, 1999, http://www.corporatepredators.com).
|